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S7533 - Details

S7533 - Summary

Authorizes domestic companion animals be permitted to board any public transportation or public transportation service in the event of a state of emergency and evacuation.

S7533 - Sponsor Memo

BILL NUMBER:S7533
TITLE OF BILL: An act to amend chapter 154 of the laws of 1921,
relating to the port authority of New York and New Jersey, in relation
to authorizing domestic companion animals be permitted to board any
public transportation or public transportation service in the event of
a state of emergency and evacuation of a region
PURPOSE OR GENERAL IDEA OF BILL:
To allow companion animals to be permitted to use public
transportation services, administered by the Port Authority of New
York and New Jersey, in the event of a state of emergency.
SPECIFIC PROVISIONS:
Section one amends Section 1 of chapter 154 of the laws of 1921, by
adding a 3 new article VII-B.
Section two sets forth the effective date.
JUSTIFICATION:
During Superstorm Sandy, many pet owners refused to evacuate when
requested because they could not take their companion animals with
them to safety. This situation to refuse evacuation not only

jeopardized the lives of residents and defenseless pets, but also the
emergency personnel struggling to evacuate them.
The New York State Pet Evacuation Transportation and Sheltering Act of
2006 (PETS ACT) requires New York's disaster preparedness plan to
include programs to assist household pets and service animals in the
event of a disaster. However, the Port Authority, as a bi-lateral
agency, is not bound to any one state's laws unless similar
legislation is enacted by both the State of New York and New Jersey.
This bill would authorize the Port Authority to allow pet owners to
board any Port Authority Trans-Hudson (PATH) public transportation
service during a declared state of emergency. It would be consistent
with current emergency operation plans (EOPs) pertaining to the needs
of animals and individuals with an animal under their care, and is
needed to effectuate a recently-enacted New Jersey law (Chapter 265 of
2013) providing the same protections to residents of both states.
This bill would provide a reasonable, common sense approach to public
and animal safety.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:
None to the state.
EFFECTIVE DATE:
This act shall take effect upon the enactment into law by the state of
New Jersey of legislation having an identical effect; but if the state
of New Jersey shall have already enacted such legislation, then this
act shall take effect immediately and provided that the state of New
Jersey shall notify the legislative bill drafting commission upon the
occurrence of the enactment of the provisions provided for in this act
in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of
New York in furtherance of effecting the provisions of section of the
legislative law and section 70-b of the public officers law.

S T A T E O F N E W Y O R K
________________________________________________________________________
7533
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Infrastructure and Capital
Investment
AN ACT to amend chapter 154 of the laws of 1921, relating to the port
authority of New York and New Jersey, in relation to authorizing
domestic companion animals be permitted to board any public transpor-
tation or public transportation service in the event of a state of
emergency and evacuation of a region
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 154 of the laws of 1921, relating to
the port authority of New York and New Jersey, is amended by adding a
new article VII-B to read as follows:
ARTICLE VII-B
1. A. FOR THE PURPOSES OF THIS ARTICLE:
(I) "DOMESTIC COMPANION ANIMAL" MEANS A COMPANION ANIMAL OR PET AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS
LAW AND SHALL ALSO MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAIN-
TAINED IN OR NEAR THE HOUSEHOLD OF THE OWNER OR PERSON WHO CARES FOR
SUCH OTHER DOMESTICATED ANIMAL. "PET" OR "COMPANION ANIMAL" SHALL NOT
INCLUDE A "FARM ANIMAL," AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE AGRICULTURE AND MARKETS LAW.
(II) "PUBLIC TRANSPORTATION OR PUBLIC TRANSPORTATION SERVICE" MEANS
RAIL PASSENGER SERVICE, MOTORBUS REGULAR ROUTE SERVICE, PARATRANSIT
SERVICE, MOTORBUS CHARTER SERVICE, AND FERRY PASSENGER SERVICE.
B. (I) IN THE EVENT THAT A STATE OF EMERGENCY HAS BEEN DECLARED AND AN
EVACUATION OF ANY REGION OF THE STATE IS IN PROGRESS, THE OWNER OF A
DOMESTIC COMPANION ANIMAL SHALL BE PERMITTED TO BOARD ANY PUBLIC TRANS-
PORTATION OR PUBLIC TRANSPORTATION SERVICE WITH THE DOMESTIC COMPANION
ANIMAL SO LONG AS THAT ANIMAL IS UNDER THE OWNER'S CONTROL BY USE OF A
LEASH OR TETHER, OR IS PROPERLY CONFINED IN AN APPROPRIATE CONTAINER OR
BY OTHER SUITABLE MEANS, PROVIDED THAT SUCH BOARDING IS AUTHORIZED BY
AND CONSISTENT WITH THE PROVISIONS OF STATE DISASTER EMERGENCY PLANS OR
LOCAL STATE OF EMERGENCY PLANS PERTAINING TO THE NEEDS OF ANIMALS AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD14492-01-4
S. 7533 2
INDIVIDUALS WITH AN ANIMAL UNDER THEIR CARE. THE PROVISIONS OF THIS
ARTICLE SHALL ONLY APPLY TO THE OWNERS OF DOMESTIC COMPANION ANIMALS WHO
ARE EVACUATING FROM A REGION OF THE STATE AFFECTED BY THE EMERGENCY OR
LOCAL DISASTER EMERGENCY AS DEFINED IN SECTION TWENTY OF THE EXECUTIVE
LAW, OR A LOCAL STATE OF EMERGENCY, AS DEFINED IN SECTION TWENTY-FOUR OF
THE EXECUTIVE LAW.
(II) A DOMESTIC COMPANION ANIMAL MAY BE REFUSED PERMISSION TO BOARD
ANY PUBLIC TRANSPORTATION OR PUBLIC TRANSPORTATION SERVICE, EVEN IF THE
ANIMAL IS UNDER THE OWNER'S CONTROL OR PROPERLY CONFINED IN ACCORDANCE
WITH THIS PARAGRAPH IF THERE IS REASONABLE CAUSE TO BELIEVE THAT, DUE TO
ATTENDANT CIRCUMSTANCES, PERMITTING THE ANIMAL TO BOARD WOULD POSE A
HEALTH OR SAFETY HAZARD.
C. ALL PASSENGERS WITH SERVICE ANIMALS SHALL BE GIVEN PRIORITY SEATING
ON ALL MEANS OF TRANSPORTATION REGULATED BY THIS ARTICLE IN ACCORDANCE
WITH THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990" (42 U.S.C.
S.12101 ET SEQ.). FOR THE PURPOSES OF THIS ARTICLE, "SERVICE ANIMAL"
SHALL HAVE THE SAME MEANING AS SET FORTH IN THE FEDERAL "AMERICANS WITH
DISABILITIES ACT OF 1990" (42 U.S.C. S.12101 ET SEQ.) AND ANY REGU-
LATIONS UNDER THE ACT.
D. ALL PASSENGERS ON ANY PUBLIC TRANSPORTATION OR PUBLIC TRANSPORTA-
TION SERVICE SHALL BE PROVIDED SEATING BEFORE A DOMESTIC COMPANION
ANIMAL MAY BE PLACED IN A SEAT.
2. THE PORT AUTHORITY IS HEREBY AUTHORIZED TO MAKE AND ENFORCE SUCH
RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE.
S 2. This act shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect; but if
the state of New Jersey shall have already enacted such legislation,
then this act shall take effect immediately and provided that the state
of New Jersey shall notify the legislative bill drafting commission upon
the occurrence of the enactment of the provisions provided for in this
act in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York in furtherance of effecting the provisions of section 44 of the
legislative law and section 70-b of the public officers law.

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